
Washington D.C., Mar 4, 2020 / 01:05 pm (CNA).- The Supreme Court heard arguments on Louisiana’s Unsafe Abortion Protection Act on Wednesday, as justices questioned lawyers from both sides on the state’s safety regulations for abortion clinics, including a requirement that abortion doctors have admitting privileges at a local hospital.
The court met March 4 to hear oral arguments in the case of June Medical Services v. Russo. As justices probed the necessity of the state’s requirements, outside the court an advocate for post-abortive women took issue with the justices’ skepticism toward the law.
Cynthia Collins, founder of the Louisiana Abortion Recovery Alliance, and herself a post-abortive woman, told CNA after arguments that the justices “were trying to silence our voices, of the women that have been hurt by abortion.”
“And their voices are the same as the abortionists, to get up, get out, and stay silent, when we’ve been injured by abortion,” she said.
The Louisiana law (Act 620) was enacted in 2014 and requires that abortionists in the state have admitting privileges at a hospital within 30 miles in case of complications that may arise during or after the procedure. The law would hold abortion clinics to the same safety standards that apply to other medical clinics in the state.
The Shreveport abortion clinic Hope Medical Group for Women sued, saying the regulations posed an undue burden on the ability of women to have an abortion.
A district court first issued a restraining order on the enforcement of the law’s penalties. Then, in 2016, the court issued a preliminary injunction on the law. Later that year, after the Supreme Court later struck down a similar Texas law in Whole Woman’s Health v. Hellerstedt, the district court permanently enjoined Louisiana’s law from going into effect.
That decision was reversed by the U.S. Fifth Circuit Court of Appeals which said that the law posed a benefit to women’s health and did not put substantial burdens on abortion in the state.
Unlike in Texas where most clinics closed because of its law, “only one doctor at one clinic is currently unable to obtain [admitting] privileges” in Louisiana, the Fifth Circuit said.
Reviewing the evidence of the case before the district circuit, the Fifth Circuit also found that some abortionists did not try hard enough to obtain admitting privileges at hospitals.
The case went to the Supreme Court, and more than 200 members of Congress signed an amicus brief in favor of the law. Rep. Dan Lipinski (D-Ill.), who is facing a tough primary battle against a pro-abortion opponent, signed the brief, an act his opponent Marie Newman highlighted in an attack against him.
Wednesday’s arguments focused on two main questions—on whether an abortion clinic, rather than women in the state, has “third-party standing” to bring such a case before the Court, and whether the admitting privileges requirements violate the Constitution by imposing a substantial burden on legal abortion rights.
Justices Neil Gorsuch and Brett Kavanaugh—the newest justices on the bench who could be deciding votes in a 5-4 case—said little on Wednesday, with Justice Samuel Alito being the most vocal member in questioning the abortion clinic’s case against the law.
The “third-party standing” question referred to the legitimacy of abortion clinics, instead of women of the state, arguing before the Court that the law would substantially burden abortion.
Elizabeth Murrill, Louisiana’s Solicitor General arguing in favor of the law, said that “these doctors should not be able to challenge regulations intended to protect a certain class of people.”
The attorney representing June Medical Services, L.L.C., defended the rights of abortion clinics to bring “third-party” lawsuits against state laws, even if a conflict of interest might exist between the clinics’ desire to do business and the safety of women they claim to represent.
Justice Alito called the argument “amazing.”
“You think that if the plaintiff actually has interests that are directly contrary to those individuals on whose behalf the plaintiff is claiming to sue, nevertheless that plaintiff can have standing?”
Justice Ruth Bader Ginsburg repeatedly asked why the admitting privileges requirement was relevant to women’s health, given that many women might experience abortion-related complications at home, after having visited a clinic, and thus would go to the hospital by themselves.
Questions also arose as to whether Louisiana’s law is substantially different from Texas regulations struck down by the Supreme Court in 2016 in the Hellerstedt case, with lawyers for the state arguing that the law was “justified by abundant evidence of life-threatening health and safety violations, malpractice, noncompliance with professional licensing rules, legislative testimony from post-abortive women, [and] testimony from doctors who took care of abortion providers’ abandoned patients.”
In one case, Murrill said, an abortionist testified that he transferred four women to a hospital for abortion-related hemorrhaging. The same doctor also admitted in testimony that he hired a radiologist and an ophthalmologist to do abortions, she said, posing clear safety risks to women.
Jeffrey Wall, U.S. Principal Deputy Solicitor General who argued in support of Louisiana’s law on Wednesday, noted that the doctor’s testimony of transferring the four women to hospitals was proof that, while “often” complications might be experienced by women at their home and not at the clinic, they “sometimes” do occur while women are still at the clinic.
In such cases, Wall said, the best practice would be admission to a hospital—something backed up even by the abortionist’s testimony.
Abortionists “could and did” obtain admitting privileges at hospitals, she said, but did not maintain close relationships with their patients who had to litigate their own cases involving harmful effects of abortion.
The chair of the pro-life committee of the U.S. bishops’ conference, Archbishop Joseph Naumann of Kansas City, said on Wednesday that states “have a strong interest in regulating a procedure which is lethal to children and immensely damaging to women.”
“Women, their bodies, and their babies are immeasurably valuable,” the archbishop said in a statement. “It adds insult to injury, and speaks to the callousness of the abortion industry, that providers are seeking to overturn basic, standard protections for women seeking this life-altering procedure.”
In his statement issued after Wednesday’s oral arguments, Archbishop Naumann called on Catholics to pray for the outcome.
“The Catholic Church encourages all people of faith to pray about the outcome to this very important case,” Archbishop Naumann stated on Wednesday.
“We also ask all to pray for the women who are compelled to seek abortion: that they may find alternatives that value their health and well-being, and the lives of their precious children.”
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Perhaps the legion powers that be should be barred from spreading and imposing their ideological bromides until they’ve been vaccinated with sodium pentothal. But, who knows, they might be allergic.
I suppose if she also refuses to use Tylenol, Advil, Motrin, Aleve, Sudafed, Benadryl, Claritin, Robitussin, Mucinex, Tums, Maalox, Colace, Ex-Lax, Pepto-Bismol, Albuterol, Azithromycin, Lidocaine, and Hydroxychloroquine, she has a case. But that case would be personal religious observance, not Roman Catholic
Remedies you mention are to treat discomfort or disease. Covid vaccines are aimed at preventing disease.
Roman Catholics value life, her position in relation to not injecting aborted fetuses is God honouring and church affirmed.
With respect
Those remedies have the same testing history as the vaccines.
A myth perpetuated by the ignorant particularly those who rely on the discredited, dishonest, autistic Father Matthew Schneider, LC as a source.
The “Everything Was Tested on HEK” Lie
There is a bit more to the story than that:
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https://www.lifesitenews.com/opinion/lets-get-a-few-things-cleared-up-testing-cell-lines-and-fetal-tissue/
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I will agree that she really does not have much of a case from the standpoint of being a Roman Catholic. The vaccines are a requirement to attend Mass in some dioscese, unless things have recently changed. And the Pope of course requires it for folks at the Vatican
Seriously? The pope didn’t speak ex cathedra on the “vaccines,” so there is no dogma involved, and he could be wrong.. It remains his opinion rather than a teaching of the Church. Study the Catechism, please.
And the Vatican has also made a clear case on the basis of nonproximity using Thomist logic.
Yeah, seriously.
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I really do not care of the Pope spoke ex cathedra or not concerning the vaccines. The fact remains–the Vatican has imposed them on employees and visitors alike. That may have changed recently with the wanning on Omicron, but there are a number of articles on that fact. There are also articles on a couple of diocese requiring the vaccine of priests or employees, or for in-peron Mass attendance, etc.
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Her case will be tried in a secular court, and were I a secular judge, I suppose I would have to look at this and say “Your own relious authorities/superiors mandate this vaccine for this or that; but you say your religion forbids it? Appeal denied.”
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And that is reality, and a mighty sick one at that. I feel for this nun. What has been done, and is being done, is wrong. It is a loss for everyone involved.
The vaccines(sic)
The experimental, mRNA gene therapy injections aren’t vaccines. People need to stop referring to them as such.
You frequently appear here to demonstrate a willful ignorance of the Catholic religion, not to mention a hostility towards its values. You might be more comfortable at the NCR, the silly one.
No one is obligated to cooperate with an intrinsic evil, including the evil of genetic altering serums fraudulently promoted as “vaccines” and immorally derived from the intentional destruction of innocent life.
This would be fake news. As of late, I’ve been commenting on political matters. When I look around, being anti-violence and pro-truth is more of a religious value than Russia apologism, and the promotion of falsehoods. I am sure that being in disagreement is unsettling.
On this thread I merely pointed to a list of commonly used medications with the same remote cooperation. I think a person can state firmly, “I don’t want to do what they’re telling me to do.” Such persons often violate speed limits on roads, safety protocols at work, or receive Communion when they are told they shouldn’t or can’t.
Now, if Sister Byrne opts for non-pharma remedies for headaches, inflammation, and other routine hiccups, her personal stance is consistent. Any Catholic anti-vaxxer who uses ExLax but clings to the remote cooperation principle, that person is treading close to hypocrisy.
To complete the distancing from cooperation, I recommend declining to buy anything made in China. Moral principles are good things, even when they run against the grain of one’s friends and associates. What else is there to be said? Buy North American herbs for aches, pains, and constipation.
If this special lady is prevented from her healing ministry, her patients are the poorer. If she states she is unvaccinated and patients have no qualms, then let her practice! Ultimately God is our protector. Though vaccinated, I would not have taken the vaccine had I known stem cells were used from an aborted fetus.
Her principled stand exalts God and informs her patients. May the Lord bless her.
Proverbs 6:16-19 There are six things that the Lord hates, seven that are an abomination to him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises wicked plans, feet that make haste to run to evil, a false witness who breathes out lies, and one who sows discord among brothers.
Acts 21:31-32 And as they were seeking to kill him, word came to the tribune of the cohort that all Jerusalem was in confusion. He at once took soldiers and centurions and ran down to them. And when they saw the tribune and the soldiers, they stopped beating Paul.
Psalm 82:4 Rescue the weak and the needy; deliver them from the hand of the wicked.”
A person of character is a great blessing to the church, through fidelity and their godly activity.
And, the “vaccinated” can contract and transmit the virus.
Just a small correction: Sister Deirdre is not a “nun (cloistered)”. She is a “Sister”. https://canonlawmadeeasy.com/2009/03/19/whats-the-difference-between-sisters-and-nuns/
Press on, Sister Dede!
Hey Sister, (nun) try some Circumspect Analysis on your situation. Is it smarter to have medical people vaccinated, so they may not infect their patients? I’ll help you: The answer is yes. ALWAYS look at the other side of an argument before opposing it. This is a policy issue. Don’t take it personal.
The vaccine does not prevent infection or transmission of the SC2 virus. It might help reduce symptoms.
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There is no justification for any mandate for anyone, by anyone, for this vaccine. Including for our medical professionals.
This mandate can’t see the forest for the trees.
The Epoch times recently had an article by a scientist that Omnicron actually did more to eventually ebb the pandemic than the vaccine.
Jews?
I encountered a “Catholic” friend in the grocery store this past week, and in our conversation, I mentioned that I have not been vaccinated because of the connection all the “vaccines” have to abortion. She became adamant and actually strident in her statement that the “vaccines,” according to her immunologist daughter-in-law, had no connection to abortion. Really? Even the USCCB said that the abortion connection of all the “vaccines” was “remote,” clearly acknowledging the connection and recommending that Catholics choose some over others because the abortion connection was “greater” in some than in others. (My response is that there is no statute of limitations on murder). The only persons who can judge anyone’s conscience in any regard are that person and God. The United States government was established by colonists seeking religious freedom. I applaud Sister Dede and pray that her lawsuit is successful.
It basically revolves around governance not acknowledging the science about natural immunity. Why the heavy push for vaccines and total disregard for the effectiveness of natural immunity? big $$$ maybe?
This is definitely a control issue with $$$ directing the power over the peasants. The mandates are enacted irrespective of the facts at hand. A moral rejection is not even necessary, as an intellectually honest assessment of the ‘science’ easily dismisses any argument promoting these mandates. It’s unnatural for tyrants to relinquish power once gained. Thank God for regular election opportunities; pray that they are truly ‘regular’ in the true sense of the word.
Hopefully the following is true:
BREAKING: Sr Dede Byrne’s medical license reinstated and vaccine exemption granted
Good.
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I hope a few bishops take note that rescind their own unjust mandates over their priests and flocks.
If there is one life that cannot be saved (eg. a brain dead patient on life support or a recently aborted foetus), I would have thought our creator would smile favourably upon us if we were to save one little piece of those lives (eg. a whole kidney or a single kidney cell) to save the life of another by kidney transplantation or the lives of millions by the establishment of a kidney cell line to be used in medical research[eg. HEK-293 from which Astra Seneca Covid -19 vaccine comes]. After all, Christ himself taught, ‘There is no greater love than to lay down one’s life for another’.(John:15.13) He really meant it as evidenced in the sacrifice of his own earthly life for all others. Perhaps the good nun-doctor is in need of a refresher course at Medical School and of the exhortation to look for the good that comes as a gift from her God in the depths of the bad. Great good came from Christ’s terrible, unethical, human death. Why not from the deaths of we mere mortals?? Being anti-abortion should not be a bar to seeing evil defeated by the ascendance of some good.